NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

The Second Half of April

In the second half of April, the Supreme Court issued one published opinion and the Appellate Division delivered four such rulings. Here are summaries: C.R. v. M.T., 248 N.J. 428...

An Additur Anniversary

On April 1, 1957, the Supreme Court decided Fisch v. Manger, 24 N.J. 66 (1957). The key issue there was whether the practice of additur, under which a trial judge...

Two Arbitration Decisions by the Appellate Division

This week, the Appellate Division decided two very different kinds of arbitration matters. Yesterday, Judge Sabatino issued an opinion in Morison v. Willingboro Bd. of Educ., 478 N.J. Super. 229...

The Supreme Court Takes Up Two Published Appellate Division Decisions

The Supreme Court announced that it has granted certification in two new cases. Both cases were the subject of published opinions in the Appellate Division. In 257-261 20th Avenue Realty,...

"Illusory Discounts" Violate the Consumer Fraud Act, But Private Plaintiffs Cannot Prevail

Robey v. SPARC Group, LLC, 256 N.J. 541 (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the...

Alcoholism As a Disability Under the New Jersey Law Against Discrimination: An Anniversary

On this date in 1988, the Supreme Court decided Clowes v. Terminix Int'l, Inc., 109 N.J 575 (1988). The Court's unanimous opinion, written by Justice Clifford, stated that "[t]he principal...

The Entire Controversy Continues to Have Potency

Francavilla v. Absolute Resolutions VI, LLC, 478 N.J. Super. 171 (App. Div. 2024). Judge Vanek wrote this opinion for the Appellate Division in this putative class action case. Her first...

The New Jersey Law Against Discrimination and Emotional Support Animals in Condominiums

Players Place II Condominium Ass'n, Inc. v. K.P., 256 N.J. 472 (2024). This case came to the Supreme Court as of right, due to a dissent in the Appellate Division...

The Public Disclosure Bar of the New Jersey False Claims Act

State of New Jersey ex rel. Health Choice Group, LLC v. Bayer Corporation, 478 N.J. Super. 184 (App. Div. 2024). As Judge Gilson discussed in his opinion for the Appellate...

The Administrative Agency Standard of Review Applies to Internal Decisions of a University Regarding Removal of a Tenured Faculty Member

Ng v. Fairleigh Dickinson University, 478 N.J. Super. 41 (App. Div. 2024). This opinion by Judge Smith upheld the decision of the Board of Trustees to terminate the employment of...

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The Supreme Court Takes Up a Paramedics Immunity Case

The Supreme Court announced late yesterday that it has granted certification in Almonte v. Township of Union. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, are the paramedics entitled to immunity because they provided advanced life support services "in accordance with this act" as required by N.J.S.A. 26:2K-14, specifically, N.J.S.A. 26:2K-10(a), which requires that the paramedic "maintains direct voice communication with and is taking orders from a licensed physician or physician directed registered professional nurse"?...

Three Big Decisions From the Supreme Court

Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....

Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....